baliff law

discoade

hi can you advise me?
A couple of months ago i missed a payment to some bailiffs. i phoned them at the time (a week before payment was due) and told them the situation and the payment would be 6 days late.

They said this was unsatisfactory and they would be sending a bailiff round to seize my goods which they did!
he came while we were out and charged us £180 for the visit. he came again 2 weeks later and said we didn't have enough property to clear the debt and would take my car (which i need for my work)

He left without seizing my car and charged us £240 for the visit! the debt is now more than the original bill was to start with, even after repaying it for 7 months!

Can anyone advise me?

Glacier2

I would sell the car to your mate sharpish so if and when the bailiff comes back he can't take it as it is not your property.

dotstar24

Hi There

a bailiff seized my partners car outside his parents house over an unpaid parking fine. he used to live there and they waited til he turned up and dropped the car off one monning. the fine had gone up 2 £600. i tried to reason with the guy that because the letters hadn't gone to our home address we should be given more time to pay....they still took it. luckly the car was about to be sold (we'd have been lucky to get £500 for it) and we'd just bought a new audi (make me blood run cold thinking they could've taken that). the upshot of this is that my partners car is now in his dads name.

I have also asked for more time to pay bailiffs off on me council tax arrears. I have paid every month on time, but because my partner was ill i couldnt make the repayment. they didnt care. I had to borrow money off my friends. its tough mate, i don't know how they sleep at night.


not really any advice there. just a small rant me self!!!

RAS

Hi

Can you pm Herbie21, penguin83 or debt doctor as they are all up on bailiff law.

aligerdie

discoade wrote: »

hi can you advise me?
A couple of months ago i missed a payment to some bailiffs. i phoned them at the time (a week before payment was due) and told them the situation and the payment would be 6 days late.

They said this was unsatisfactory and they would be sending a bailiff round to seize my goods which they did!
he came while we were out and charged us £180 for the visit. he came again 2 weeks later and said we didn't have enough property to clear the debt and would take my car (which i need for my work)

He left without seizing my car and charged us £240 for the visit! the debt is now more than the original bill was to start with, even after repaying it for 7 months!

Can anyone advise me?

If you don't mind me asking, what are the bailiffs collecting for? If its council tax I know they're not allowed to charge that amount for visiting you. And they're also only allowed to charge for 2 visits.

It might be worth giving the national debtline a ring, when i dealt with them over council tax bailiffs they were absolutely fabulous. I can't speak highly enough of them, they certainly put my mind at rest, and might be able to advise you of your rights.

Hope this helps. x

chimp_choker

would it not be a good sticky feature on this site to let us all know what the baliff laws are?

just a thought...
cc

emmy05

why would they want to take the car? they can only take whats on the list cant they, or so i thought, and i didnt know they put cars on now

MrsTinks

From Payplan:

If the bailiff is enforcing a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended. Where the bailiff is acting on behalf of the county court you will need to fill in an N245 - Application to Suspend the Warrant.
This form can be obtained directly from your local county court or downloaded from the court service web site at www.courtservice.gov.uk.
You will need to complete the form and make an offer of payment. Instructions on how to complete it are contained on the form itself. You should then send the form (along with the relevant fee) to your local county court. In the High Court you will need to apply for a Stay of Execution. Contact a Payplan adviser for further information.
If the bailiff is collecting other types of debt you should contact the creditor and ask that they withdraw the bailiff and try to come to an arrangement to pay.

As for what they can and can't take:

Once the bailiff has gained access they can seize any goods which belong to the debtor although there are some general exceptions: tools, goods, vehicles and other items of equipment as are necessary to that person for use personally by him in his self-employment, business or vocation' and 'such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family'.

I interpret that as "they can take the car if the debtor does not directly need it for work - commuting does not count"

Hope that helps

grace

Its my experience they will and do threaten any thing that will get the money out of you....be had a vile little trog threaten "To bring dog handlers and remove our pets" until I called the Police.... and got him the sack...

rog2

grace wrote: »

Its my experience they will and do threaten any thing that will get the money out of you....be had a vile little trog threaten "To bring dog handlers and remove our pets" until I called the Police.... and got him the sack...

For anyone, especially someone claiming to be a 'Certified (as they must be) Bailiff to threaten you in this way is nothing short of criminal.

Have a look at the following links, to see how the Bailiff 'Fraternity' should ply their questionable trade - unfortunately it bears little comparison to the way that many of these 'people' act in reality:

1. Insolvency Helpline: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

2. Bailiff Advice On-Line (Not a Charity, but an excellent source of advice nevertheless, with free downloadable template letters): http://www.bailiffadviceonline.co.uk

discoade

I would just like to thank Herbi21 for her help with this issue! Very professional and understanding Sounds like a lovely (and useful) person to know! :beer:

If someone could tell me how to do an official thank you on here I'll do that to!:T

Herbie 21 i think:iloveyou: